GURDAS RAM AND CO Vs. UNION OF INDIA
HIGH COURT OF JAMMU AND KASHMIR
GURDAS RAM AND CO.
UNION OF INDIA
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(1.) ORDER :- Both the above referred petitions involved same point of law and the facts are also identical and as such I propose to dispose of the same by this common judgement.
(2.) Petitioners have challenged in these petitions order communicated to them by the Deputy Director Military Farms under Letter No. 40131/MF (DB) Tribunal dated 16-11-1984 rejecting their claims in both the cases for revision of rates in respect of their contracts in regard to supply of buffalo milk to military farms, being illegal, arbitrary, unjust, based on extraneous considerations and contrary to the binding award/recommendations and findings of the Tribunal appointed by respondent No. 1. In Writ Petition No. 27 of 1985 the contract pertains to supply of buffalo milk to military farms at Baramulla and Rajouri, whereas in Writ Petition No. 28 of 1985 it pertains to military farms at Jammu and Srinagar.
(3.) Petitioner's case is that sealed tenders were invited by the Dy. Director Military Farms Northern Command, respondent No. 3 herein, for and/on behalf of the President of India for daily supply of buffalo milk to military farms for the period commencing Jan. 11, 1980 and ending 30th Sept. 1982. They offered the lowest rates for the said supply and after some formal negotiations milk contracts were sanctioned in their favour. The terms and conditions of the said contracts were duly signed by them and respondent No. 3. There was a revision clause in the said agreement which provided for revision of rates in the manner contained in it and according to it a Tribunal was to be constituted for the said purpose who after hearing the parties had to determine the extent of the increase or decrease if any in the rates and make recommendations. Acceptance or rejection of recommendations of the Tribunal in whole or in part, without assigning any reasons and from the date as recommended by the tribunal or from any other date was rested with the authorities mentioned in the agreement whose decision would have been final and binding on both the parties.;
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